The Strange Story of Rab Raby Part 1

The Strange Story of Rab Raby.

by Mor Jokai.

PREFACE

TO JoKAI'S "RAB RaBY," IN ENGLISH,

By Dr. Emil Reich.

In "Rab Raby," the famous Hungarian novelist gives us, in a manner quite his own, a picture of the "old regime" in Hungary in the times of Emperor Joseph II., 1780-1790. The novel, as to its plot and princ.i.p.al persons, is based on facts, and the then manners and inst.i.tutions of Hungary are faithfully reflected in the various scenes from private, judicial, and political life as it developed under the erroneous policy of Joseph II.

Briefly speaking, "Rab Raby" is the story of one of those frightful miscarriages of justice which at all times cropped up under the influence of political motives. In our own time we have seen the Dreyfus case, another instance of appalling injustice set in motion for political reasons. "Rab Raby" is thus very likely to give the English reader a wrong idea of the backward and savage character of Hungarian civilisation towards the end of the eighteenth century, unless he carefully considers the peculiar circ.u.mstances of the case. I think I can do the novel no better service than setting it in its right historic frame, which Jokai, writing as he did for Hungarians, did not feel induced to dwell upon.

The Hungarians, alone of all Continental nations, have a political Const.i.tution of their own, the origin of which goes back to an age prior to Magna Charta in England. Outside Hungary, it is generally believed that Hungary is a mere annex of "Austria"; and the average Englishman in particular is much surprised to hear that "Austria" is considerably smaller than Hungary. In fact, "Austria" is merely a conventional phrase. There is no Austria, in technical language. What is conventionally called Austria has in reality a much longer name by which alone it is technically recognised to exist. This name is, "The countries represented in the _Reichsrath_." On the other hand, there is, conventionally and technically, a Hungary, which has no "home-rule"

whatever from Austria, any more than Australia has "home-rule" from England. In fact, Hungary is the equal partner of Austria; and no Austrian official whatever can officially perform the slightest function in Hungary. The person whom the people of "Austria" call "Emperor," the Hungarians accept only as their King. There is not even a common citizens.h.i.+p between Hungarians and Austrians; and a Hungarian to be fully recognised in Austria as, say a lawyer, must first acquire the Austrian rights of naturalisation, just as an Englishman would.

The preceding remarks will enable the reader to see clearly that Hungary never accepted, nor can ever accept Austrian rule in any shape whatever; and that the entire business of political, judicial, and administrative government in Hungary must legally be done by Hungarian citizens only. The King alone happens to be an official in Austria as well as in Hungary; but according to Hungarian const.i.tutional law he cannot command, nor reform things in Hungary except with the formal consent of the Hungarian authorities, in Parliament and County. In Austria indeed, the "Emperor" was, previous to 1867, quite autocratic; and even at present he has a very large share of autocratic power.

Now, Emperor Joseph II. desired to melt down Hungarian and Austrian manners, laws, and inst.i.tutions into one h.o.m.ogeneous ma.s.s of a Germanised body-politic. With this view he commanded the Hungarians to practically give up their own language, their ancient national const.i.tution, and old County inst.i.tutions, thinking as he did, that such an unification of the Austro-Hungarian peoples would make the Danubian Monarchy much more powerful and prosperous than it had ever been before.

He sincerely believed that his scheme of unification would greatly benefit his peoples; nor did he doubt that they would readily obey his behests to that effect.

However, the Emperor was quite mistaken as to the effect of his imperial policy upon the Hungarians. Far from acquiescing in his plans, the Hungarians at once showed fight in every possible form of pa.s.sive resistance, rebellion, scorn, or threats. To them their Const.i.tution was, as it still is, dearer by far than all material prosperity.

The Emperor's ordinances were coolly shelved, not even read, and with a few exceptions, all his commands proved abortive. Many Hungarians admitted then, as others do now, that Joseph's reforms were in more than one respect such as to benefit Hungary. Yet no Hungarian wanted to purchase these reforms at the expense of the h.o.a.ry and holy Const.i.tution of the country. Joseph, in commanding all those reforms, without so much as asking for the consent of the Estates, violated the very fundamental principle of the Hungarian Const.i.tution. This the Hungarians were determined to resist to the uttermost. In the end they vanquished the ruler, who shortly before his death withdrew nearly all his ordinances, and so confessed himself beaten.

It is in the midst of these historic and psychological circ.u.mstances that Jokai laid his fascinating novel. A young Hungarian n.o.bleman, indignant at the illegality and injustice of public officials of his native town, who shamefully exploit the poor of the district, approaches the Emperor with a view to get his authorisation for measures destined to put an end to the criminal encroachments of the said officials. The Emperor gives him that authority. But far from strengthening young Raby's case, the Emperor thereby exposes him to the unforgiving rancour of both guilty and innocent officials who desperately resent the Emperor's unconst.i.tutional procedure.

The novel is the story of the conflict between the young n.o.ble and the Emperor on the one hand, and the wretched, but in the nature of the case, more patriotic officials, on the other. As in all such cases, where virtue appears either at the wrong time, or in the wrong shape, the ruin of the virtuous is almost inevitable, while no student of human nature can wholly condemn his otherwise corrupt and despicable enemies.

In that conflict lies both the charm of the novel and its tragic character.

As in all his stories, Jokai fills each page with a novel interest, and his inexhaustible good humour and exuberant powers of description throw even over the dark scenes of the story something of the soothing light of mellow hilarity.

EMIL REICH.

_London, Nov. 1st, 1909._

INTRODUCTION.

Now it is not because the double name of "Rab Raby" is merely a pretty bit of alliteration that the author chose it for the t.i.tle of his story, but rather because the hero of it was, according to contemporary witnesses of his doings, named Raby, and in consequence of these same doings, earned the epithet "Rab" ("culprit"). How he deserved the appellation will be duly shown in what follows.

A hundred years ago, there was no such thing as a lawyer, in the modern sense, in the city of Buda-Pesth. Attorneys indeed there were, of all sorts, but a lawyer who was at the public service was not to be found, and when a country cousin came to town, to look for someone who should "lie for money," he sought in vain.

Why this demand for lawyers could not be supplied in Buda-Pesth a hundred years back may best be explained by briefly describing the two cities at that epoch.

For two cities they really were, with their respective jurisdictions.

The Austrian magistrate persistently called Pesth "Old Buda," and the Rascian city of Buda itself, "Pesth," but the Hungarians recognised "Pestinum Antiqua" as Pesth, and for them, Buda was "the new city."

Pesth itself reaches from the Hatvan to the Waitz Gate. Where Hungary Street now stretches was then to be seen the remains of the old city wall, under which still nestled a few mud dwellings. The ancient Turkish cemetery, to-day displaced by the National Theatre, was yet standing, and further out still, lay kitchen gardens. On the other side, at the end of what is now Franz-Deak Street, on the banks of the Danube, stood the ma.s.sive Rondell bastion, wherein, as a first sign of civilisation, a theatrical company had pitched its abode, though, needless to say, it was an Austrian one. At that epoch, it was prohibited by statute to elect an Hungarian magistrate, and the law allowed no Hungarians but tailors and boot-makers to be householders.

Of the Leopold City, there was at that time no trace, and the spot where now the Bank stands, was then the haunt of wild-ducks. Where Franz-Deak Street now stretches, ran a marshy d.y.k.e, which was surmounted by a rampart of mud. In the Joseph quarter only was there any sign of planning out the area of building-plots and streets; to be sure, the rough outline of the Theresa city was just beginning to show itself in a cl.u.s.ter of houses huddled closely together, and the narrow street which they were then building was called "The Jewry." In this same street, and in this only, was it permitted to the Jews, on one day every week, by an order of the magistrate, to expose for sale those articles which remained in their possession as forfeited pledges. Within the city they were not allowed to have shops, and when outside the Jews' quarter, they were obliged to don a red mantle, with a yellow lappet attached, and any Jew who failed to wear this distinctive garb was fined four deniers.

There was little scope for trade. Merchants, shop-keepers and brokers bought and sold for ready-money only; no one might incur debt save in p.a.w.ning; and if the customer failed to pay up, the pledge was forfeited.

Thus there was no call for legal aid. If the citizens had a quarrel, they carried their difference to the magistrate to be adjusted, and both parties had to be satisfied with his decision, no counsel being necessary. Affairs of honour and criminal cases however were referred to the exchequer, with a princ.i.p.al attorney and a vice-attorney for the prosecution and for the defence.

At that time, there was in what is now Grenadier Street, a single-storied house opposite the "hop-garden." This house was the County a.s.sembly House whence the provincial jurisdiction was exercised.

It had been the Austrian barracks, till finally, Maria Theresa promoted it to the dignity of a law-court, and caused a huge double eagle with the Hungarian escutcheon in the middle, to be painted thereon; from which time, no soldier dare set foot in its precincts. Here it was only permitted to the civilians and the prisoners confined there to enter.

Only the part of the building which faced east was then standing: this wing comprised the officials' rooms and the subterranean dungeons.

The magnates carried on their petty local dissensions, aided by their own legal wisdom alone, yet every Hungarian n.o.bleman was an expert in jurisprudence in his own fas.h.i.+on. There were even women who had proved themselves quite adepts in arranging legal difficulties. The Hungarian const.i.tution allowed the right to the magnate who did not wish the law to take its course, of forcibly staying its execution, and the same prerogative was extended to a woman land-owner. The commonweal also demanded that each one should strive to make as rapid an end as possible to lawsuits. Long legal processes were adjusted so that there should be time for the judge as well as the contending parties to look after building and harvest operations, as well as the vintage and pig-killing.

On these occasions lawsuits would be laid aside so as not to interfere with such important business.

But if the tax-paying peasant was at variance with his fellow-toiler, the local magistrate, and the lord of the manor, were arbitrators. So here likewise there was no room for a lawyer.

But when the peasant had ground of complaint against his betters, he had none to take his part. There was, however, one man willing to fill the breach, although he had been up to this time little noticed, and that man was Rab Raby--or to give him his full t.i.tle of honour, "Mathias Raby of Raba and Mura."

He it was who was the first to realise the ambition of becoming on his own account the people's lawyer in the city of Pesth--and this without local suffrages or the active support of powerful patrons--but only at the humble entreaty of those whose individual complaints are unheard, but in unison, become as the noise of thunder.

The representative of this new profession did Raby aim at being. It was for this men called him "Rab Raby," though he had, as we shall see, to expiate his boldness most bitterly.

In what follows, the reader will find for the most part, a true history of eighteenth century Pesth. It will be worth his while to read it, in order to understand how the world wagged in the days when there was no lawyer in Pesth and Buda. Moreover, it will perhaps reconcile him to the fact that we have so many of them to-day!

CHAPTER I.

They sit, the wors.h.i.+pful government authorities of Pesth, at the ink-bespattered green table in the council room of the a.s.sembly House, the president himself in the chair; close beside him, the prefect, whom his neighbour, the "overseer of granaries," was doing his best to confuse by his talking. On his left is an empty chair, beside which sits the auditor, busy sketching hussars with a red pencil on the back of a bill. Opposite is the official tax-collector whose neck is already quite stiff with looking up at the clock to see how far it is from dinner-time. The rest of the party are consequential officials who divide their time between discussing fine distinctions in Latinity, and cutting toothpicks for the approaching mid-day meal.

The eighth seat, which remains empty, is destined for the magistrate.

But empty it won't be for long.

And indeed it is not empty because its owner is too lazy to fill it, but because he is on official affairs intent in the actual court room, whereof the door stands ajar, so that although he cannot hear all that is going forward, he can have a voice in the discussion when the vote is taken.

From the court itself rises a malodorous steam from the damp sheepskin cloaks, the reek of dirty boots and the pungent fumes of garlic--a combined stench so thick that you could have cut it with a knife.

Peasants there are too there in plenty, Magyars, Rascians, and Swabians: all of whom must get their "viginti solidos," otherwise their "twenty strokes with the lash."

For to-day is the fourth session of the local court of criminal appeal.

On this day, the serious cases are taken first, and after the death-sentences have been pa.s.sed, come a succession of lesser peasant offenders for judgment.

Some have broken open granaries, others have been guilty of a.s.saults, but there are three main groups. To one of these belong the settlers from Izbegh who have been convicted of gathering wood in the forests of the n.o.bles. The second section embraces those culprits who were artful enough during the vintage to cover the ripe grapes over with earth, (so that the magnates should be cheated out of their t.i.thes), and to evade the heydukes who kept watch and ward over the vintagers. Thirdly, there were the offenders who had formed a deputation to the chancery court, and dared to pray for a revision of the public accounts for the past twenty-five years, a request at once temerarious and stupid, for twenty-five years is a long time--long enough indeed for accounts to become rotten and worm-eaten. But that they were in sufficiently good order, the revenue for this particular year, 1783, testified, seeing it amounted to sixty thousand gulden, of which six thousand were paid to the ground landlord, and two thousand towards the internal expenses of the province, with a balance in hand of fifty-two thousand gulden--not an extravagant outlay, surely!

But what remains for the peasant?